No. 23-5714

Cuhuatemoc Hinricky Peraita v. Alabama

Lower Court: Alabama
Docketed: 2023-10-04
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-review evidence-rule juror-misconduct jury-misconduct mattox-v-united-states no-impeachment-rule parker-v-gladden prior-convictions sixth-amendment trial-procedure verdict-challenge
Key Terms:
DueProcess
Latest Conference: 2024-01-12 (distributed 2 times)
Question Presented (AI Summary)

Did the Alabama Court of Criminal Appeals depart from this Court's decisions in Mattox v. United States, 146 U.S. 140 (1892) and Parker v. Gladden, 385 U.S. 363 (1966) in barring the testimony about juror misconduct?

Question Presented (OCR Extract)

QUESTION PRESENTED During petitioner’s trial for capital murder, the jury foreperson told the other jurors misleading and prejudicial information about petitioner’s prior convictions. The information imparted by the foreperson was not part of the trial record. Indeed, the court had excluded the details of petitioner’s prior convictions from the evidence that could be offered at trial. After discovering the foreperson’s misconduct, petitioner sought a new trial, claiming a violation of his Sixth Amendment rights. But the Alabama Court of Criminal Appeals held that consideration of juror testimony about the foreperson’s statements was barred by a rule of evidence generally forbidding the introduction of juror testimony when offered to challenge a verdict. The question presented is: Did the Alabama Court of Criminal Appeals depart from this Court’s decisions in Mattox v. United States, 146 U.S. 140 (1892) and Parker v. Gladden, 385 U.S. 363 (1966) in barring the testimony about juror misconduct? @)

Docket Entries

2024-01-16
Petition DENIED.
2024-01-08
DISTRIBUTED for Conference of 1/12/2024.
2024-01-03
Rescheduled.
2023-12-21
DISTRIBUTED for Conference of 1/5/2024.
2023-12-20
2023-12-04
Brief of respondent Alabama in opposition filed.
2023-10-26
Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2023. See Rule 30.1.
2023-10-24
Motion to extend the time to file a response from November 3, 2023 to December 3, 2023, submitted to The Clerk.
2023-10-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2023)
2023-08-16
Application (23A129) granted by Justice Thomas extending the time to file until October 2, 2023.
2023-08-14
Application (23A129) to extend the time to file a petition for a writ of certiorari from August 31, 2023 to October 30, 2023, submitted to Justice Thomas.

Attorneys

Alabama
James Roy Houts — Respondent
James Roy Houts — Respondent
Cuhuatemoc Peraita
Matthew J. WarrenSidley Austin LLP, Petitioner
Matthew J. WarrenSidley Austin LLP, Petitioner